Search Results for "Section 452 IPC"

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Search Results for "Section 452 IPC"

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Supreme Court

Supreme Court Quashes Criminal Proceedings in Partnership Property Dispute — Civil Dispute Converted into Criminal Case. The Court held that allegations of theft, assault, and wrongful restraint between partners of a firm are essentially civil in nature and criminal proceedings are an abuse of process of law under Section 482 CrPC.

31 Jan 2020

The Supreme Court allowed the appeal filed by Govind Prasad Kejriwal, the original accused, against the judgment of the Patna High Court which had ref...

Supreme Court

Supreme Court Upholds Conviction of Accused in Murder Case Under Section 302 IPC Read with Section 34 IPC — Common Intention Established Despite Inconsistencies in Witness Testimony. The court held that presence of accused armed with rifle and acting in concert with co-accused established common intention, justifying conviction under Section 302 IPC read with Section 34 IPC.

21 Aug 2019

The appeal arose from the judgment of the High Court of Madhya Pradesh at Gwalior Bench dated 25.06.2008 in Criminal Appeal No.275 of 1995, which affi...

Supreme Court

Supreme Court Allows Appeal Against Confiscation of Truck Under UP Excise Act — Collector's Confiscation Power Not Exclusive When Criminal Trial Is Pending. Magistrate Retains Jurisdiction Over Seized Property Under CrPC When IPC Offences Are Also Involved.

20 Aug 2019

The appellant, owner of a truck seized for transporting 154 cartons of illicit liquor along with a country-made pistol and live cartridges, challenged...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind — Detenu in Custody Without Imminent Release Possibility. Preventive Detention Order Set Aside as Detaining Authority Failed to Consider Detenu's Judicial Custody and Imminent Bail Possibility Under Section 3(2) of MPDA Act.

6 Jul 2018

The petitioner, Ankush Vaman Pawar, a resident of Pune, was detained at Yerawada Central Prison pursuant to an order dated 12 March 2018 passed by the...

High Court

Bombay High Court Quashes Detention Order Under MPDA Act for Lack of 'Public Order' Impact — Definition of 'Dangerous Weapon' Held Unconstitutionally Vague. The court held that mere possession of a weapon without evidence of public disturbance cannot justify preventive detention under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981.

11 Oct 2017

The petitioner, Iqbal Munnaf Sayyed, was detained under Section 3(2) of the Maharashtra Prevention of Dangerous Activities Act, 1981 (MPDA) by an orde...

High Court

Bombay High Court Allows Appeals Against Conviction in Dacoity Case Due to Unreliable Identification and Lack of Corroboration. The court held that the testimony of a single witness (PW8) without corroboration and unreliable identification cannot sustain a conviction under Section 395 IPC.

27 Apr 2016

The case involves two criminal appeals arising from a common judgment of the Additional Sessions Judge, Bombay, in Sessions Case No.1505/99. The appel...

High Court

Bombay High Court Upholds Conviction of Driver for Culpable Homicide in Drunk Driving Case — Confiscation of Vehicle Set Aside. The court held that the driver's rash and negligent driving while intoxicated causing death falls under Section 304-II IPC, but the owner's vehicle cannot be confiscated without notice under Section 452 CrPC.

10 Sep 2015

The judgment pertains to two appeals arising from a common judgment of the Ad hoc Additional Sessions Judge, Nagpur in Sessions Trial No.257/2012 date...

High Court

Bombay High Court Upholds Conviction for Murder and Robbery in Housebreaking Case — Life Imprisonment Confirmed Based on Dying Declaration and Circumstantial Evidence. The court held that the dying declaration was reliable and the circumstantial evidence formed a complete chain pointing to the guilt of the appellant under Sections 302, 392 read with 397 IPC.

18 Jul 2013

The appellant, Sandip Haridas Mankar, was convicted by the Ad-hoc Additional Sessions Judge-4, Kolhapur, for offences under Sections 451, 452, 461, 38...

High Court

Bombay High Court Quashes Externment Order Against Petitioner in Bombay Police Act Case — Failure to Consider Less Drastic Measures. Externment Order Under Section 56(1)(a)(b) of Bombay Police Act, 1951 Set Aside as Authority Did Not Record Satisfaction That Witnesses Were Unwilling to Come Forward and Less Drastic Remedies Were Inadequate.

8 Apr 2011

The petitioner, Kishore Chandrakant Mhatre, challenged an externment order dated 29.08.2009 passed by the Deputy Commissioner of Police, Zone-II, Panv...

High Court

Bombay High Court Upholds Conviction of Appellants for Culpable Homicide in Burning Death Case — Dying Declaration and Recovery of Half-Burnt Driving Licence Establish Guilt Under Section 304(I) IPC. The court found the dying declaration reliable and the recovery of the appellant's driving licence at the scene corroborated the prosecution case, leading to confirmation of the six-year sentence.

21 Aug 2006

The appellants, Raju @ Rajeshkumar Munnilal Gupta and Gabbar @ Rakesh Budhiram Yadav, were convicted by the Ad-hoc Additional District and Sessions Ju...

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